{"title":"The Holocaust and Disciplinary Myopia in Criminology and Sociology: Social injury as a response to the challenges of legal formalism.","authors":"Douglas J Dallier","doi":"10.1007/s10611-022-10031-4","DOIUrl":null,"url":null,"abstract":"<p><p>Criminological and sociological discourse recognizes the impact of structure on crime, but generally eschews the consideration of structural damage and human suffering emanating from malevolent social movements (e.g., the Holocaust). Legal formalism presents conceptual challenges that has hindered analysis of harmful macroscopic phenomena, as it created jurisprudential impediments to be surmounted by the architects of the Nuremberg Tribunals. In considering these issues, a new 'dark figure' is identified that is compatible with phenomena examined from the social harm perspective, and to remediate disciplinary myopia, a specification of Edwin Sutherland's (1945) concept of social injury is suggested and contrasted with Galtung's (1969) construct of structural violence. Social injury refers to the recursive damage to social structure and human potential through the functional impairment of social institutions.</p>","PeriodicalId":47577,"journal":{"name":"Crime Law and Social Change","volume":"79 1","pages":"21-41"},"PeriodicalIF":1.0000,"publicationDate":"2023-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9136208/pdf/","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Crime Law and Social Change","FirstCategoryId":"90","ListUrlMain":"https://doi.org/10.1007/s10611-022-10031-4","RegionNum":4,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q3","JCRName":"CRIMINOLOGY & PENOLOGY","Score":null,"Total":0}
引用次数: 0
Abstract
Criminological and sociological discourse recognizes the impact of structure on crime, but generally eschews the consideration of structural damage and human suffering emanating from malevolent social movements (e.g., the Holocaust). Legal formalism presents conceptual challenges that has hindered analysis of harmful macroscopic phenomena, as it created jurisprudential impediments to be surmounted by the architects of the Nuremberg Tribunals. In considering these issues, a new 'dark figure' is identified that is compatible with phenomena examined from the social harm perspective, and to remediate disciplinary myopia, a specification of Edwin Sutherland's (1945) concept of social injury is suggested and contrasted with Galtung's (1969) construct of structural violence. Social injury refers to the recursive damage to social structure and human potential through the functional impairment of social institutions.
期刊介绍：
Covers crime and deviance at the global, national, regional and local level, worldwideHas a special focus on financial crime, corruption, terrorism and organizational crimeWelcomes criminological research in the areas of human rights, comparative and international criminal law and criminal justice Crime, Law and Social Change publishes peer reviewed, original research articles addressing crime and the political economy of crime, whether at the global, national, regional or local levels, anywhere in the world. The Journal often presents work on financial crime, corruption, organized criminal groups, criminal enterprises and illegal markets, state crime, terrorism and security issues, cybercrime, cross-border crime and environmental crime. In addition, Crime, Law and Social Change welcomes criminological research in the areas of human rights, comparative and international criminal justice, compensation and justice for serious crime victims, international criminal law and cooperation. Finally, the Journal publishes multi-disciplinary criminological research focusing on gender, age, racial and ethnic equality issues.
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